These terms apply to both browsing our site and purchasing goods and/or services from our site.
This website https://au.pennyskateboards.com ("the site") is owned and operated by Absolute Board Co Pty Ltd ACN. 134 044 812, trading as Penny Skateboards.
In these terms and conditions, the expressions "we", "us" and "our" refer to Absolute Board Co Pty Ltd.
The use of the site is governed by the policies, terms and conditions set forth below ('Agreement'). Please read them carefully. Your use of the site indicates your acceptance of the Agreement. If you do not agree to any terms and conditions of this Agreement, you should not use the site. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us.
By registering an account on the site you grant us the right to retain the information you provide on our customer database and use that information (including Personal Information as defined below) for purposes associated with our business, including marketing our other products and those of our related entities and affiliates. You can easily remove your information from the customer database by logging into your account and deleting it.
We reserve the right to amend the site and the Agreement at any time. Amendments will be effective immediately upon notification on the site [excluding current orders]. Your continued use of the site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
The laws of Queensland, Australia govern this Agreement. You and we irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia, and courts competent to hear appeals from those courts.
If any part of this Agreement is deemed null and void, unlawful, or unenforceable, then only that part of the Agreement will be excluded and all other terms will remain and be enforced.
You can not assign or novate any rights and obligations under this Agreement without our prior written and signed consent.
If you are browsing the site, these terms apply.
When browsing the site we will use "cookies" and session data to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of the site.
CHANGES TO THE WEBSITE
We aim to provide our users with the best experience possible when visiting the site.
- In doing so we may, without notice, change functionalities, including but not limit to, layout, service provider, products, transport companies, pricing etc. at any time.
- We cannot guarantee that you will be able to access the same functionalities that you may have been able to access on previous visits to the site should these changes be made.
COPYRIGHT AND TRADEMARK NOTICE
You acknowledge and agree that nothing in this Agreement transfers or assigns to you any of our intellectual property rights (including copyright, trademarks, patents, and designs).
- Unless otherwise specified, all materials appearing on the site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are our sole property.
- All software used on the site is the sole property of us or our third party software suppliers.
- You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose.
- No materials from the site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved.
- Any unauthorised use of the materials appearing on the site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Prices are subject to change without notice. Information contained on the site about prices, products, and specifications is believed to be accurate and reliable at the time of publishing but is subject to change without notice. No returns, refunds or credits are available on the price difference.
PROMOTIONS, DISCOUNTS AND VOUCHER REDEMPTION
By submitting any content to the CRR Service, you represent and warrant that:
- you are the sole author and owner of the intellectual property in the content;
- all "moral rights" that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 13 years old; and
You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
For any content that you submit, you grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at our sole discretion. We do not guarantee that you will be able to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, we reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you are responsible for the content of your submission. None of the content that you submit shall be subject to any obligation of confidence on our part, or our agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your rating and review, you agree that we (and our third party service providers) may use your email address to contact you about the status of your review and other administrative purposes.
LIMITATION OF LIABILITY
- Nothing in this Agreement is intended to limit any rights of the Customer under the Competition and Consumer Act 2010 (Cth). If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to the supply of this site, and our liability for failing to comply with that guarantee cannot be excluded but may be limited, any relevant exclusion clauses will not apply to that liability and instead, our liability for such failures is limited to (at our election), in the case of a supply of goods, replacing the goods, supplying equivalent goods, repairing the goods, or in the case of a supply of services, us supplying the services again or paying the cost of having the services supplied again.
- Subject to paragraph (a), we are not liable for any loss or damage, however, caused (including, but not limited to, our negligence) suffered by you in connection with this Agreement or your use of the site or any website linked to or from the site.
- The site may be unavailable from time to time and we cannot guarantee its use without faults, disruptions, or interruptions to the site.
- In accepting the terms and conditions of this Agreement, you agree to accept sole responsibility for the legality of your actions during your use of the site under the laws which apply and that we have no responsibility for the legality of your actions.
- You agree to indemnify us for all damages, losses, penalties, fines, expenses, and costs (including legal costs) which arise out of, or relate to, your use of the site, any information that you provide to us via the site or any damage that you may cause to the site. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement, and breaches of the Competition and Consumer Act 2010 (Cth).
The site may contain links to other websites on the internet that are owned and operated by third parties. The links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content, privacy policies, terms, or practices of any third party websites or services.
TERMS OF SALE
REGISTRATION AND PERSONAL INFORMATION
When making a purchase via the site, we will require personal information such as your name, address, contact numbers, and e-mail address ('Personal Information') and in providing such information you will be presented with 2 options.
- To use the Guest account – your Personal Information will not be retained and only used for this transactional purchase and related correspondence. You will not be able to update your delivery address or obtain details about the fulfilment of your order via the site.
- To set up an account and become a member – the site saves your Personal Information for ease of use during future visits to the site. Your Personal Information will be held securely on dedicated servers. You can also update your details at any time and easily review the status of your order. Your details may be used to contact you about offers and new products. You may unsubscribe from receiving such marketing communications.
We will also require you to use the tick box in consent and warrant that:
- you are at least 18 years of age or have parent/guardian approval to use or purchase from this site;
- you have the legal right and ability to enter into a legally binding agreement with us; and
- you will use the site in accordance with all terms, conditions, and policies set out on the site.
Basic Personal Information is sent to Global Collect (payment gateway) when purchasing goods from the site.
ORDER ACCEPTANCE & PROCESSING POLICY
ORDERS NO GUARANTEED
- Unless we expressly state otherwise, your receipt of an electronic or other form of acknowledgment of your order does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
- We reserve the right at any time after receipt of your order to accept or decline your order for any reason.
- We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
- Products in your cart are not reserved even when the checkout process is complete and your payment is received in full.
- Orders may be cancelled for reasons including but not limited to, the product being out of stock, error during the order process, pricing, product description, product image, or errors on the site.
- We may also require additional verifications or information before accepting any order.
ACCEPTANCE OF ORDERS AND REFUNDS OF OVERPAYMENT
- Acceptance of your order will occur only when we dispatch goods in relation to that order. The detail of the order as accepted by us will be as confirmed by us in our dispatch documentation.
- If we reject, cancel or part-fill your order, we will refund any over-payment made by you by the same method that payment was received. Please refer to our Refund Policy for further details. We will not be liable to you for any other loss, including but not limited to, additional costs associated with you purchasing the product elsewhere at a higher price, delivery or other charges you may incur.
OTHER MATTERS REGARDING ORDERS
- We sell our goods to end user customers only and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the goods.
- Once your details and payment have been confirmed, the goods will be dispatched within two working days.
- We would advise that you review all purchase(s) carefully before completing the checkout process as, once an order is confirmed, you will be unable to cancel or change it. Amendments after an order has been placed, including and not limited to item, size and/or colour changes, address changes or shipping method changes cannot be made. If required, your order will need to go through the normal returns process, please refer to our Returns Policy for further details. Please note that we do not exchange or accept the return of goods that are not in brand new (unused) condition, or, because you change your mind, don't like or no longer want the goods purchased.
- The delivery times provided on the site are estimates only and are not binding on us.
- We will not be liable for any delays, losses, or damages arising out of deliveries.
- In the event that multiple items are ordered, part deliveries may be made where stock is not available.
- Please ensure you enter the correct delivery address. We cannot be held responsible for incorrectly entered delivery addresses.
- We reserve the right to use a designated transport company of our choice.
- All reasonable attempts to notify you of any changes will be made using the details you provide during the order process.
ACCEPTANCE OF GOODS
You will be required to sign for delivery of the goods. You must inspect the goods for any obvious faults, defects, or damage before you sign for the delivery. It is your responsibility to inspect the goods at the point of delivery and notify us within 7 days of receiving the goods of any faults. If you wish to return the goods, please refer to our returns policy for further details.
All risk in the goods shall pass to you upon you, or any other person in attendance at the delivery address, signing for delivery of the goods. However, if delivery is delayed due to a breach of your obligations under the Agreement, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for the loss or destruction of the goods.
CHANGE OF ADDRESS
We cannot be held responsible for an incorrect address being entered on your order. Orders automatically begin the fulfilment process once placed and therefore, cannot be adjusted, this includes changes to the shipping address. In the case that your order is processed and cannot be updated you will need to go through the normal returns process, please refer to our returns policy for more information.
INTERNATIONAL CUSTOMS CHARGES
Some international orders may incur a customs or import duty charge. We do not have any control over these charges or are unable to advise what they will be, as it is based on the relevant country's regulations & compliances. For further information, please contact your local customs office.
- All charges are to be paid by the customer on delivery of the order.
- Orders cannot be returned to sender.
- We will never pay these customs charges on your behalf.
- If you refuse to pay these charges your parcel may be abandoned.
- We will not be held responsible for any loss of funds as a result of this occurrence.
- A tax invoice will also be sent with your goods for Customs to identify the products and charges.
- We cannot mark International orders as a gift in order to bypass or reduce any customs fees. This is an illegal practice and as an established business we will not do this.
Prices are subject to change without notice. The pricing of our products may change from time to time and we advise you to check for the most recent and up to prices that will be showing on our website at that time.
- Payment must be made at the time of submitting the order and must be received in full prior to dispatch.
- All prices of products, delivery, and other charges are in Australian Dollars and are subject to GST.
- All payments will be made to the Australian dollar price and payments made from an overseas institution may vary based on the exchange rate which varies from day to day.
- Payment options and details of accepted credit cards are advised at the point of making payment, check out and when verifying your order and accepting the terms and conditions of the purchase.
- There may be duties and taxes added to your package by the destination country should we be required to ship Internationally that you will be responsible for, upon delivery, and are not included in your order total.
- If payment is declined or we do not receive your payment, the order will be declined.
Please refer to our Warranty Policy for full contact and process details.
Penny® Skateboards are guaranteed against manufacturing faults for 12 months from the date of purchase for all 22", 27" and 36" skateboards, and 90 days for all 32" and 29" skateboards. This means that we will repair or replace, at our discretion, any of our goods that are defective within this timeframe. This is the only condition covered by our warranty.
- To the extent permitted by law, no other warranty (express or implied) applies to the goods.
- The warranty does not cover breakage due to wear and tear, improper installation of components, wrong foot positioning while landing tricks, or intentional breakage.
- The warranty does not cover normal wear and abuse. This includes nose/tail wear caused by dragging on the ground while riding the board, edge chipping from impact or dropping of board, and warping due to exposure to heat, sun, cold or other elements. Claims must be made in writing to our Customer Care team with details of the original purchase date, order number, name, address contact details etc. and accompanied by photo evidence of which the claim is being made. Our Customer Care team will endeavour to provide instructions and a resolution if possible within two working days of receiving your claim.
- You will bear any costs associated with claiming the warranty, including postage and transit insurance costs.
- The benefits provided to you by this warranty are in addition to other rights and remedies available to the consumer under the law.
- Mandatory Notice: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
LIMITATION OF LIABILITY
- This clause applies in relation to the goods and services sold on or purchased through the site specifically and applies in addition to the limitation of liability in clause 7 above in relation to the use of the site generally.
- Nothing in this Agreement is intended to limit any of your rights under the Competition and Consumer Act 2010 (Cth). If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied through the site and our liability for failing to comply with that guarantee cannot be excluded but may be limited, any relevant exclusion clauses will not apply to that liability and instead, our liability for such failures are limited to (at our election), in the case of a supply of goods, replacing the goods, supplying equivalent goods, repairing the goods, or in the case of a supply of services, us supplying the services again or paying the cost of having the services supplied again.
- Subject to the above clauses, neither we nor the manufacturer, shall be liable for any injury, death, loss, damage, cost or expense of any nature, including direct, indirect, special or consequential losses, whether arising under contract, use (including negligent use), statute or otherwise, in connection with any goods or services purchased or supplied through this site and in any event, our liability is limited in each case to a maximum of $100.
- Before use, the user must (and you must ensure that they do) determine the relevant product for their needs and assume all risk and liability whatsoever in connection therewith. Any claim against us for loss or damage however caused (including by our negligence), suffered by a customer in connection with:
- a shortfall in the quantity of goods delivered in an order must be made within 7 days of the date that order is delivered and any such claim not made within 7 days is absolutely barred; and
- a defective Product must be made within 7 days of the date that the Customer receives the Product and any such claim not made within 7 days of that date is absolutely barred (unless the Warranty in clause 19 applies).
- In accepting the terms and conditions of this Agreement, you agree to accept sole responsibility for the legality of your actions during your use and purchases made via the site under the laws which apply and that we have no responsibility for the legality of your actions.
- Subject to paragraph (b) above of this clause 18, you agree to indemnify us for any personal injury or death, and any loss, damage, liability, cost or expense (direct, indirect, consequential or otherwise) arising out of any person's use of, or inability to use, the goods or services sold on or purchased through the site.
RETENTION OF TITLE
All goods remain our property until you have paid all money due in full. Should payment not be received, or be declined, withdrawn, or investigated for fraud, the relevant goods will remain our property and we may take whatever means are deemed necessary to recover such goods.
- Security interest – You acknowledge that this Agreement creates a security interest under the PPSA in the Products and any other products to be supplied in the future and consents to us affecting a registration on the PPSA register in relation to any security interest contemplated by this Agreement. You agree to pay all costs, expenses and other charges incurred, expended, or payable by us in relation to the filing of a financing statement or financing change statement in connection with this Agreement.
- You must not charge the goods in any way or grant or otherwise give any interest in the goods while they remain the property of Absolute Board Co, nor allow any third party to acquire a security interest in the goods.
- If you fail to comply with any obligation under this agreement, then without limiting the remedies available to us:
- upon our request, you must return all goods including all accessories and documentation in the original packaging for the goods to which payment has not been received
- you authorise us and any person authorised by us to enter premises where the goods may be located to take possession of the goods; and
- We may retain, sell, or otherwise dispose of the goods.
- You agree to the extent permitted under the PPSA, that you have no right:
- to receive notice of removal of an accession under the PPSA;
- under Chapter 4 of the PPSA; or
- under the PPSA to receive a copy of any verification statement or financing change statement under the PPSA.
- The Customer must unconditionally ratify any actions taken by us.
Ownership of the goods passes to you when we receive and have cleared funds for the purchase of our goods. Risk in the goods, such as risk of loss or damage, passes to you from the point of delivery and for the duration the goods are in your possession (see above clause 12).